Research On The Crime Of Compulsory Indecent Assault

Forced indecency refers to violence, coercion or otherwise violated his right to humane behavior(if the victim is 14 years of age or women, except for forcible sexual intercourse). Indecency contains a variety of ways such as mandatory cuddle, to touch the private parts to pull and oral sex, sodomy, etc. Indecent assault as a sexual crime, he would not only cause serious prejudice autonomy humanity, but also contrary to good social practices, corrupt social morality. Both men and women are likely to suffer sexual abuse from outside, but for a long period of time our law that only women can only become the crime objects by men excluded from the scope of the crime in. In judicial practice, others suffer from male over the age of 14 molestation cases occur frequently, resulting in men often face the embarrassment of nowhere to turn, their rights are not properly protected. But rights are equality, both men and women should enjoy equal protection, sexual freedom as a right should also be treated equally. The law also has a universal and therefore should promptly adjust to changes in society and the times, otherwise the legal authority unsustainable, civil rights can not be effectively protected, is not conducive to social stability. To this end, October 19, 2015 National People’s Congress passed the "Criminal Law Amendment Nine", November 1, 2015 came into effect. "Criminal Law Amendment Nine" in a major highlight is the "Criminal Law" 237 of the original "compulsory indecent assault on women" to "enforce indecency", bringing the provisions of the Crimes of the object is no longer gender restrictions, is undoubtedly a big step forward in the history of criminal law.However, the current criminal legislation of the crime there is still a certain degree of lack of need for further modification and improvement, so that it can better protect the legitimate rights and interests of citizens, the protection of criminal law is conducive to the realization of human rights purposes.In addition to the introduction and conclusion, the article is divided into five parts:The first part, forced to study history and extraterritorial legislation indecent assault. The main analysis of this crime legislation in our country’s development process. From 1979 "Criminal Law" in the "hooliganism", to a forced indecent assault of women "Criminal Law" in 1997, to November 1, 2015 implementation of the "Criminal Law Amendment Nine" mandatory indecent assault, the Legal Changes such legislation of the crime step by step tend to improve, and thereby the different rights gender citizens to be more adequately protected; at the same time, the article regarding this crime foreign legislation, which must be investigated, the legislative experience of other countries we have to learn.The second part, forced indecent assault Establishment basis. "Criminal Law Amendment Nine" The reason why the original "compulsory indecent assault on women" to "enforce indecency" There were good practical reason and theoretical basis. This paper analyzes the real cause of the crime, while amendments from the principle of equality and the principle of legality to achieve the purpose of criminal law and other aspects discusses the theoretical basis of the crime legislation.The third part, the establishment of mandatory requirements of indecent assault. Forced indecency must have the following elements: criminal object. The crimes against the legal interests of other people’s sexual autonomy, while the moral and social moral standards also suffered damage; objective aspects of crime, mainly explores the connotation of indecency and manifestations, contrary to the will of others to understand, as well as on mandatory understanding the behavior of people forced behavior, whether there must be violence and other circumstances; subject of crime. Based on the analysis of the Crime of qualifications on the spouses can become focused on the criminal subject of this crime problem. Subjective aspect of crime. The fault in the form of crime can only be direct intention, on this basis, the article mainly explores the impact of crime criminal purpose can become established elements.The fourth part, indecent assault of compulsory identification. First, we need to draw some boundaries: First, is the difference between the sin and general harassment, although both belong to violations of nature, but forced indecent assault but serious sexual harassment. The difference is that different levels of violations, and whether the extent of violating the criminal law. Compared with the second of the crime of child molestation. Although the same two at a crime statute, also as "indecent" behavior, but whether it is the object of crime, or the infringement of legal interests and behavior, etc. are different. Thirdly, crime and rape(attempted) distinction. When the object of compulsory indecency women when and if attempted rape, this distinction should consider not only the content of intentional human behavior, but also consider the space-time environment behavior occurred. Fourth, the crime and the crime of forcing an insult to women. When the object of compulsory indecency women, the focus is how to distinguish between two crime definition of "obscene" and "insulting" behavior. Secondly, it shall enforce indecency crime should also pay attention to a discussion with a number of crimes. This article reviews: indecency of others caused the victim serious injury, death is recognized; how to be convicted and punished when the trafficking of women trafficked women during the course of the implementation of indecent behavior.The last part, forced indecent assault perfect legislation. Legislation historic and limitations, lack of mandatory legislation indecent assault against existing laws put forward the improvement suggestions: First, to further improve the relevant counts(1) reasonable definition of compulsory indecent assault and rape crime objects, the object is recommended for rape also extended to men, thus, will be included in the existing mandatory indecent assault of forced sexual intercourse for men, reasonably included in the scope of rape(2) for scientific legislation, it is recommended mandatory re-integration of indecent assault and forced crime of insulting women. Cancel existing criminal law 237 enforcement crime of insulting women, this sin against women, involving women’s rights, be forced into indecent acts include indecent assault; the sin insulting behavior against other women will belong into 246 common insult among crime. Secondly, scientific refinement legal punishment(1) the indecent acts causing serious injury deaths and many other circumstances indecent acts simultaneously added to it as aggravating circumstances of this crime.(2) the formation of a gradient of sentencing, so that each plot can get accurate within a reasonable legal punishment sentencing amplitude range.